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  • Mississippi law defines "under the influence" as a state of intoxication sufficient to lessen a person's "normal ability for clarity and control." A driver who has a BAC of . 08% or more can be convicted of a "per se DUI," regardless of his or her level of actual impairment.

  • The standardized field tests may lead to your arrest, but it also may provide substantial grounds for challenge of evidence in court. Officers utilize the combination of three test to assess drivers condition per the National Highway Traffic Safety Administration (NHTSA). The three tests are as follows:

    • Horizontal Gaze Nystagmus: Involves following an object with the eyes.
    • Walk and Turn: Involves walking in a straight line, heel-to-toe, for nine steps or as instructed by officers.
    • One Leg Stand: Involves standing on one leg and lifting the other six inches in the air.

  • In Mississippi, the penalties for a first DUI offense include: up to 48 hours in jail, fines of between $250.00 and $1,000.00, completion of an alcohol safety education program, a 30-day license suspension, a 90-day license suspension with test refusal, and/or ignition interlock device for a least 6 months. The penalties for a second DUI offense include: between 5 days and 1 year in jail, fines of between $600.00 and $1,500.00, completion of an alcohol safety education program, between 10 days and 1 year of community service, a 2-year license suspension, and/or ignition interlock device for at least 6 months. The penalties for a third DUI in Mississippi may include: between 1 and 5 years in jail, fines between $2,000.00 and $5,000,00, completion of an alcohol safety education program, 5-year license suspension, and ignition interlock device for at least 3 years.